As used in this chapter, the following terms shall have the
meanings indicated:
CHILD SAFETY LOCATION
The site upon which any of the following are located:
A.
Public parks, park pathways, parkland, park facilities;
B.
Public swimming pools, aquatic facilities or water features
open to the public;
G.
Athletic fields used by children;
I.
Specialized schools for children, including, but not limited
to a gymnastics academy, dance academy or music school;
K.
Facilities for children [which means a public or private school;
a group home, as defined in § 48.02(7), Wis. Stats.; a residential
care center for children and youth, as defined in § 48.02(15d),
Wis. Stats.; a shelter care facility, as defined in § 48.02(17),
Wis. Stats.; a day-care center licensed under § 48.65, Wis.
Stats.; a day-care provider certified under § 48.651, Wis.
Stats.; or a youth center, as defined in § 961.01(22), Wis.
Stats.].
CHILD SAFETY ZONE
Any place within the Village that is located within 500 feet
of any child safety location.
CRIME AGAINST CHILDREN
Has the meaning of any of the following offenses set forth
within the Wisconsin Statutes, as amended, or the laws of this or
any other state or the federal government, having like elements necessary
for conviction, respectively:
§ 940.225(1) First Degree Sexual Assault;
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§ 940.225(2) Second Degree Sexual Assault;
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§ 940.225(3) Third Degree Sexual Assault;
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§ 940.22(2) Sexual Exploitation by Therapist;
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§ 940.30 False Imprisonment - Victim was a minor and
not the offender's child;
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§ 940.31 Kidnapping-Victim was a minor and not the
offender's child;
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§ 944.01 Rape (prior statute);
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§ 944.06 Incest;
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§ 944.10 Sexual Intercourse with a Child (prior statute);
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§ 944.11 Indecent Behavior with a Child (prior statute);
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§ 944.12 Enticing Child for Immoral Purposes (prior
statute);
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§ 948.02(1) First Degree Sexual Assault of a Child;
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§ 948.02(2) Second Degree Sexual Assault of a Child;
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§ 948.025 Engaging in repeated Acts of Sexual Assault
of the Same Child;
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§ 948.05 Sexual Exploitation of a Child;
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§ 948.055 Causing a Child to View or Listen to Sexual
Activity;
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§ 948.06 Incest with a Child;
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§ 948.07 Child Enticement
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§ 948.075 Use of a Computer to Facilitate a Child
Sex Crime;
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§ 948.08 Soliciting a Child for Prostitution;
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§ 948.095 Sexual Assault of a Student by School Instructional
Staff;
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§ 948.11(2)(a) or (am) Exposing Child to Harmful Material-felony
sections;
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§ 948.12 Possession of Child Pornography;
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§ 948.13 Convicted Child Sex Offender Working with
Children;
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§ 948.30 Abduction of Another's Child;
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§ 971.17 Not Guilty by Reason of Mental Disease -
of an included offense;
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§ 975.06 Sex Crimes Law Commitment.
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RESIDENCE
A place where a person sleeps, abides, lodges or resides
on a permanent or temporary basis. For purposes of this definition,
a "permanent basis" means 14 or more consecutive days and a "temporary
basis" means 14 or more aggregate days during any calendar year or
four or more consecutive or nonconsecutive days in any month. A person
may have more than one residence, and may be mobile or transitory.
SEX OFFENDER
A person who has been convicted of or has been found delinquent
of or has been found not guilty by reason of disease or mental defect
of a sexually violent offense and/or a crime against children.
It is unlawful for a sex offender to participate in any public
holiday event in the Village involving children under 18 years of
age where the distributing of candy or other items to children takes
place, including but not limited to holiday parades and similar gatherings,
Halloween trick or treating, wearing a Santa Claus costume in a public
place on or during any of the six weeks preceding Christmas, wearing
an Easter Bunny costume on or during any of the six weeks preceding
Easter, or by engaging in any other similar types of activity that
may, under the circumstances then present, tend to entice a child
to have contact with the sex offender. Holiday events in which the
sex offender is the parent or legal guardian of the child or children
involved, and no other children are present, are exempt from this
section.
It is unlawful for any sex offender to loiter or prowl in a
child safety location in a place, at a time, or a manner not usual
for law-abiding individuals under circumstances that warrant alarm
for the safety of children in the vicinity. Among the circumstances
which may be considered in determining whether such alarm is warranted
is the fact that the actor takes flight upon appearance of a law enforcement
officer, refuses to identify himself or herself or manifestly endeavors
to conceal himself or herself or any object. Unless flight by an actor
or other circumstances makes it impractical, a law enforcement officer
shall, prior to any arrest for an offense under this section, afford
the actor an opportunity to dispel any alarm which would otherwise
be warranted by requesting him or her to identify himself or herself
or explain his or her presence and conduct at the child safety location.
No person shall be convicted of an offense under this section if the
law enforcement officer did not comply with the preceding sentence,
or if it appears at trial that the explanation given by the actor
was true, and, if believed by law enforcement at the time, would have
dispelled the alarm.
It is unlawful to let or rent any place, structure or part thereof,
manufactured home, trailer or other conveyance, with the knowledge
that it will be used as a permanent residence or temporary residence
by any person prohibited from establishing such permanent residence
or temporary residence pursuant to the terms of this chapter, if such
place, structure or part thereof, manufactured home, trailer or other
conveyance, is located within a child safety zone.